1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On March 30, 2015, the Plaintiff entered into a contract with Defendant B as a guarantor and entered into a contract for the construction work for remodeling and extension of the second floor building located in Seo-gu, Busan (hereinafter “instant construction work”). As to the construction work for the second floor building located in Seo-gu, Busan (hereinafter “instant construction work”), the Plaintiff entered into a contract with the Plaintiff on May 20, 2015, setting the construction cost of KRW 100 million

B. The written contract for the instant construction works states “payment of advance payment,” and a receipt for the full amount of KRW 100 million was prepared as of March 31, 2015. On March 31, 2015, the amount of KRW 50 million was deposited from the Plaintiff to the Defendant C’s account, and KRW 50 million was deposited from the Plaintiff again after the withdrawal, and KRW 50 million was deposited from the Plaintiff.

C. Defendant B, while continuing the instant construction, suspended the construction due to the Plaintiff’s failure to pay the construction price. On July 13, 2015, Defendant B notified the Plaintiff that the terms and conditions of the instant construction contract were to receive bank loans and pay the construction price. However, Defendant B notified that the contract was null and void on the ground that the bank loan was not made and the bank loan was not made and the bank loan was made with a false payment agreement.

[Ground of recognition] Evidence No. 1-3, Evidence No. 2-3, Evidence No. 3, each entry of Evidence No. 3, and the purport of the whole pleadings

2. The parties' assertion

A. The Defendant B paid the full construction cost of KRW 100 million to the Plaintiff, but only received the down payment of KRW 70 million from Defendant B out of the transfer price of the Lung-si Construction Project (hereinafter “instant project”) located in Gangseo-si E, etc. (hereinafter “instant project”).

Defendant B discontinued the instant construction work, and since the construction cost of Defendant B was KRW 43,008,00,000, the Defendants, the subcontractor and the guarantor, are jointly and severally liable to pay the Plaintiff KRW 56,92,00 (=10 million – KRW 43,008,00) and the delay damages.

B. The Defendants stated that the construction cost has been fully paid in the contract form for the instant construction project and the construction cost has been paid.